Notice Period Checker South Africa (2026)
Enter your length of service to see the statutory minimum notice for terminating employment under s37 of the Basic Conditions of Employment Act 75 of 1997. Free, instant, and calculated entirely in your browser.
Statutory minimum notice on termination under the Basic Conditions of Employment Act 75 of 1997, s37 (as amended in 2002). A contract can require longer notice, never shorter, and the notice you must give your employer can never be longer than the notice it must give you.
Minimum Notice Required
4 weeks
Band: 1 year or more
| Length of service | Minimum notice |
|---|---|
| 6 months or less | 1 week |
| More than 6 months, up to 1 year | 2 weeks |
| 1 year or more | 4 weeks |
| Farm or domestic worker employed more than 6 months | 4 weeks |
Notice must be given in writing (except to an employee who cannot read, who must have it explained), and an employer may pay you in lieu of notice instead (s38). Notice pay is separate from, and additional to, severance pay and accrued leave on retrenchment. Disputes go to the CCMA or a bargaining council.
The BCEA Notice Scale
Since the 2002 amendment, s37(1) sets three tiers: one week if you have been employed for six months or less, two weeks if employed more than six months but not more than one year, and four weeks from one year of service. A farm worker or domestic worker moves straight to four weeks once employed for more than six months.
Two protections sit behind the scale: a collective agreement may reduce only the four-week tier, and to not less than two weeks (s37(2)(b)); and no agreement may require an employee to give longer notice than the employer must give (s37(3)). Notice must be in writing, and an employer can pay you in lieu of notice instead (s38). During retrenchment, notice pay runs in addition to severance pay.
Frequently Asked Questions
What is the legal notice period in South Africa?
Under BCEA s37: one week for six months of service or less, two weeks for more than six months up to one year, and four weeks from one year of service. Farm and domestic workers get four weeks once employed more than six months.
Can my contract set a longer notice period?
Yes. The BCEA figures are minimums, and contracts often require a calendar month or more. A contract can never set notice shorter than the statutory minimum, and your notice obligation can never exceed your employer’s.
Can my employer pay me instead of letting me work my notice?
Yes. Section 38 lets an employer pay the remuneration you would have earned over the notice period in place of working it. The payment is calculated on the s35 remuneration rules.
Does notice have to be in writing?
Yes, notice of termination must be given in writing, except when given by an employee who cannot read or write, and it must be explained orally to an employee who does not understand it.
Does this tool store or send my information anywhere?
No. Everything runs in your browser. Nothing you type is saved or transmitted.
This checker states the statutory minimums under s37 of the Basic Conditions of Employment Act 75 of 1997, as amended. It is general legal information, not legal advice, and RecordingLaw.com is not affiliated with any South African government body. Disputes about notice go to the CCMA or a bargaining council; consult an attorney, or Legal Aid South Africa (0800 110 110), about your own situation.
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